Terms and Conditions
Buoyk Terms and Conditions
1. Agreement to These Terms
These Terms and Conditions govern your access to and use of Buoyk, including the mobile app, legal/support website, and related content. By using Buoyk, you agree to these Terms. If you do not agree, do not use Buoyk.
If you downloaded Buoyk from the Apple App Store, your license to use the app may also be governed by Apple's Standard End User License Agreement or another license made available through App Store Connect. If these Terms conflict with Apple's required terms, Apple's required terms control to the extent of the conflict.
2. Who Provides Buoyk
Buoyk is provided by Oleksii Naboichenko. Buoyk is independent and is not affiliated with, endorsed by, or sponsored by NOAA, NDBC, NWS, Apple, or the U.S. government.
3. Marine Safety and Use at Your Own Risk
Marine and weather conditions can change quickly. Buoyk may display data that is delayed, unavailable, incomplete, inaccurate, stale, missing, misreported, cached, or affected by source outages, station failures, network issues, parsing issues, map errors, device settings, or software defects.
You agree that you will not rely on Buoyk as your only source for:
- Navigation or route planning.
- Emergency decisions.
- Official marine warnings, watches, forecasts, or advisories.
- Severe weather, coastal hazard, or life-safety decisions.
- Commercial, professional, governmental, or regulated marine operations.
Always check official forecasts and warnings, local authorities, notices to mariners, tide/current sources, vessel instruments, charts, communication equipment, and conditions at the location before going on or near the water.
4. Data Sources and Availability
Buoyk displays public NOAA/NDBC buoy and station observations and may display map information, station camera images, cached values, and derived presentation formats. Source services may change, suspend, remove, delay, or modify data at any time.
Buoyk may hide missing values, convert units, cache data, estimate display groups, and format public source data for readability. These presentation choices are provided for convenience and may contain errors.
5. License to Use Buoyk
Subject to these Terms and applicable app store rules, the Provider grants you a limited, non-exclusive, non-transferable, non-sublicensable, revocable license to use Buoyk on Apple-branded devices that you own or control and as permitted by the App Store Usage Rules, solely for your personal, non-commercial informational planning. All rights not expressly granted are reserved.
You may not, and will not permit any third party or automated system to:
- Copy, modify, adapt, translate, or create derivative works of Buoyk.
- Reverse engineer, decompile, disassemble, or attempt to derive source code, except where applicable law expressly permits.
- Rent, lease, lend, sell, sublicense, distribute, or commercially exploit Buoyk.
- Use Buoyk, its outputs, cached data, or any portion thereof to train, fine-tune, validate, benchmark, or otherwise develop any machine learning model, large language model, or other artificial intelligence system.
- Scrape, crawl, extract, harvest, or systematically retrieve data from Buoyk or its source services through Buoyk.
- Remove or alter any proprietary notices, branding, or attributions.
6. Acceptable Use
You agree not to:
- Use Buoyk for unlawful, harmful, deceptive, fraudulent, or abusive purposes.
- Interfere with, overload, scrape, crawl, or disrupt Buoyk or source services.
- Attempt to bypass security, access controls, rate limits, license keys, or platform protections.
- Misrepresent Buoyk as official NOAA/NDBC/NWS/U.S. government software.
- Use Buoyk to provide safety-critical, emergency, regulated, or life-supporting services.
- Use Buoyk in high-risk applications such as nuclear facilities, aircraft control, life support, or any environment where failure could lead to death, personal injury, or environmental damage.
- Use Buoyk in any country, by any person, or for any end use that is subject to U.S. or other applicable embargoes, sanctions, or export controls; or by anyone on a U.S. Government list of prohibited or restricted parties.
- Use Buoyk in a way that violates third-party rights or applicable law.
You represent that you are not located in, under the control of, or a national or resident of any country subject to U.S. embargo and are not listed on any U.S. Government list of prohibited or restricted parties.
7. User Content and Support Communications
The current app does not provide public posting features. If you send feedback, support messages, screenshots, diagnostics, suggestions, or other materials, you grant the provider a worldwide, non-exclusive, royalty-free license to use them to provide support, improve Buoyk, diagnose issues, and operate the service.
Do not submit confidential, sensitive, illegal, infringing, or safety-critical information through support channels.
8. Payments
The current app does not include paid content, subscriptions, or in-app purchases.
9. Advertising and Analytics
The current app does not include third-party advertising, third-party analytics SDKs, sponsorships, affiliate links, or promoted content.
10. Third-Party Services
Buoyk may depend on third-party services, including Apple, NOAA/NDBC, map providers, hosting providers, and support tools. Those services are governed by their own terms and privacy policies. The provider is not responsible for third-party services, data, outages, policies, or content.
11. Intellectual Property
Buoyk, including its app design, code, branding, graphics, and original content, is owned by the provider or its licensors and is protected by intellectual property laws. Public source data remains subject to the rights and terms of the relevant source providers.
NOAA, NDBC, NWS, Apple, and other names or marks belong to their respective owners. Their mention in Buoyk is for attribution or compatibility and does not imply endorsement.
12. Apple App Store Terms (Required Acknowledgments)
If you obtained Buoyk through the Apple App Store, you acknowledge and agree:
- Parties. These Terms are between you and the Provider only, not with Apple Inc. ("Apple"). Apple is not responsible for Buoyk or its content.
- Scope of license. The license granted is limited to use on Apple-branded products that you own or control and as permitted by the App Store Usage Rules in Apple's Media Services Terms.
- Maintenance and support. The Provider is solely responsible for providing maintenance and support for Buoyk. Apple has no obligation to provide any maintenance or support.
- Warranty. The Provider is solely responsible for any product warranties, whether express or implied by law, that are not effectively disclaimed. If Buoyk fails to conform to any applicable warranty, you may notify Apple, and Apple will refund the purchase price (if any). To the maximum extent permitted by law, Apple has no other warranty obligation with respect to Buoyk, and any other claims, losses, liabilities, damages, costs, or expenses attributable to any failure to conform to any warranty are the Provider's sole responsibility.
- Product claims. The Provider, not Apple, is responsible for addressing any claims relating to Buoyk or your possession or use of Buoyk, including product liability claims, claims that Buoyk fails to conform to legal or regulatory requirements, and claims arising under consumer protection, privacy, or similar legislation.
- Intellectual property rights. If any third party claims that Buoyk or your possession and use of Buoyk infringes that party's intellectual property rights, the Provider, not Apple, is solely responsible for the investigation, defense, settlement, and discharge of any such claim.
- Legal compliance. You represent and warrant that (i) you are not located in a country subject to a U.S. Government embargo or designated by the U.S. Government as a "terrorist supporting" country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- Third-party beneficiary. You acknowledge and agree that Apple and Apple's subsidiaries are third-party beneficiaries of these Terms, and that, upon your acceptance, Apple will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third-party beneficiary.
13. Changes, Suspension, and Termination
The provider may modify, suspend, or discontinue Buoyk, any feature, or any content at any time, subject to applicable law and platform rules. The provider may suspend or terminate access if you violate these Terms or create legal, security, abuse, or operational risk.
14. No Warranties
To the fullest extent allowed by law, Buoyk is provided "as is" and "as available" without warranties of any kind, whether express, implied, or statutory. The provider disclaims warranties of merchantability, fitness for a particular purpose, title, non-infringement, accuracy, availability, reliability, and safety.
15. Limitation of Liability
To the fullest extent permitted by law, the Provider will not be liable for indirect, incidental, special, consequential, exemplary, or punitive damages; loss of profits, revenue, data, goodwill, or use; or damages arising from marine decisions, weather decisions, navigation decisions, emergencies, source data issues, outages, or use of or inability to use Buoyk, even if the Provider has been advised of the possibility of such damages.
To the fullest extent permitted by law, the Provider's total cumulative liability for any and all claims related to Buoyk will not exceed the greatest of: (a) the amount you paid directly to the Provider for Buoyk in the 12 months before the claim; (b) one hundred U.S. dollars (USD $100); or (c) the minimum amount required by applicable mandatory law.
Some jurisdictions do not allow the exclusion or limitation of certain damages. In those jurisdictions, the exclusions and limitations above apply only to the extent permitted.
16. Indemnity
To the fullest extent allowed by law, you agree to defend, indemnify, and hold harmless the provider from claims, losses, liabilities, damages, costs, and expenses, including reasonable legal fees, arising from your misuse of Buoyk, violation of these Terms, violation of law, or infringement of third-party rights.
17. Governing Law and Venue
These Terms and any non-contractual obligations arising from them are governed by the laws of the State of Delaware, U.S.A., without regard to its conflict-of-laws principles. The United Nations Convention on Contracts for the International Sale of Goods does not apply.
Subject to Section 18 (Arbitration), the state and federal courts located in Wilmington, Delaware will have exclusive jurisdiction over any dispute that is not subject to arbitration, and you and the Provider consent to personal jurisdiction and venue there.
Nothing in this Section limits any mandatory consumer protection, privacy, or other rights that cannot be waived under the laws that apply to you.
18. Arbitration and Class-Action Waiver (U.S. Users)
Important: this Section affects how disputes are resolved. If you are a U.S. resident, you and the Provider agree that any dispute, claim, or controversy arising out of or relating to Buoyk or these Terms ("Dispute") will be resolved by binding individual arbitration administered by the American Arbitration Association ("AAA") under its Consumer Arbitration Rules, rather than in court, except: (i) either party may bring an individual action in small claims court; (ii) either party may seek injunctive or other equitable relief in court to protect intellectual property rights; and (iii) the arbitrability of any Dispute will be decided by the arbitrator.
The arbitration will be conducted in English, in Wilmington, Delaware, or remotely at the arbitrator's discretion. The arbitrator may award relief only on an individual basis.
Class-action waiver. You and the Provider agree that each may bring claims against the other only in your or its individual capacity, and not as a plaintiff or class member in any purported class, consolidated, or representative proceeding. The arbitrator may not consolidate the claims of multiple persons and may not preside over any class or representative proceeding. If this class-action waiver is found to be unenforceable, then this Section 18 will be null and void in its entirety, and the Dispute will proceed in court under Section 17.
Opt-out. You may opt out of this arbitration and class-action waiver by emailing oleksii.naboichenko@gmail.com within 30 days of first agreeing to these Terms, with the subject line "Arbitration Opt-Out" and your name and Apple ID email address.
This Section does not apply if applicable mandatory law in your jurisdiction prohibits pre-dispute arbitration or class-action waivers. Residents of the European Union, United Kingdom, and other jurisdictions where this Section is prohibited are not bound by it.
19. Informal Dispute Resolution
Before initiating arbitration or litigation, you agree to first contact the Provider at oleksii.naboichenko@gmail.com with a written description of the Dispute and a proposed resolution, and to allow at least 60 days for the Provider to respond and attempt to resolve the matter in good faith.
20. General Provisions
- Entire agreement. These Terms, together with any policies referenced in them (including the Privacy Policy and any platform terms required by Apple), constitute the entire agreement between you and the Provider concerning Buoyk, and supersede any prior agreements or understandings on that subject.
- Severability. If any provision is found unenforceable, the remaining provisions remain in full force, and the unenforceable provision will be modified to the minimum extent necessary to be enforceable.
- No waiver. The Provider's failure to enforce any right or provision is not a waiver of that right or provision.
- Assignment. You may not assign or transfer these Terms or any rights under them without the Provider's prior written consent. The Provider may assign these Terms, in whole or in part, without restriction.
- Force majeure. The Provider is not liable for any delay or failure to perform caused by events beyond its reasonable control, including acts of God, war, terrorism, civil unrest, government action, labor conditions, power or network failures, internet disruptions, source-service outages, or natural disasters.
- Notices and electronic communications. You consent to receive notices from the Provider electronically by email or in-app messaging. Notices to the Provider must be sent to oleksii.naboichenko@gmail.com.
- Survival. Sections that by their nature should survive termination (including License restrictions, Intellectual Property, Apple App Store Terms, No Warranties, Limitation of Liability, Indemnity, Governing Law, Arbitration, Class-Action Waiver, and these General Provisions) survive termination of these Terms.
- Headings. Section headings are for convenience only and do not affect interpretation.
- Language. These Terms are written in English. Translations are provided for convenience; in case of conflict, the English version controls.
21. Changes to These Terms
These Terms may be updated from time to time. If changes are material, the effective date will be updated and additional notice may be provided where required. Continued use of Buoyk after updated Terms become effective means you accept the updated Terms.
22. Contact
App provider: Oleksii Naboichenko
Email: oleksii.naboichenko@gmail.com